ML15238A892
| ML15238A892 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 08/11/1983 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | Taylor J BABCOCK & WILCOX CO. |
| References | |
| NUDOCS 8308260340 | |
| Download: ML15238A892 (5) | |
Text
UNITEJ
-TES kN2OCLEAR REGULATO;RY COMMISSION WASHINGTON, 0. C. 20555 AUGUST 1119 cket No. 50-269 Mr. Jajfies H. Taylor Manag~ir of Licensing Nuce!ar Power Generation Division Babcok & Wilcox Company 3315 Old Forest Road P. 0. Box 1260 Lvnchburg, Virginia 24505
Dear Mr. Taylor:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter and affidavit dated July 12, 1983, you submitted a copy of BAlW-1772P, Gadolinia-Bearing Lead Test Assemblies Design Report,"
Jur 1983.and requested that it be hheld from public. disclosure pursuan a 10 CFR 2.7190.
shat thesubmitted do ument should be considered exempt fo -
blc cdclos for the following reasons:
drument has been hiel d in cbnfi dence by the Babcock & Wilcox Coirpany.
Copies of the document are Clearly identified as pro etary, and whenever Babcock & Wilcox transmits the infbmation to others, the transmittal requests the recipient to hold the information as proprietary.
- 2.
Babcock & Wilcox determined the document should be classified as proprietary on the basis of its meeting the following criteria:
- a.
The information reveals data or material concerning Babcock
& Wilcox research or development plans or programs of present or potential competitive advantage to Babcock & Wilcox.
- b. The use of the information by a comptitortwould decrease hfs expenditures, in time or resources, in designihg, producing or marketing a similar product.
- c. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to Babcock & Wilcox.
- d. The information reveals special aspects of a process, method, component-or the like, the exclusive use of which results in OFFICE a co petitive advantage to Babc ck & Wilcox.
8..8 0..0.. 0811 SURNAMEO DATE~
PDR ADOCK 0501D0269..1 I
PDR NRC FORM 318(10/80) NRCM 0240 OFFICIAL RECORD COPY
- U.S.
GPO.1983-400-247
- 3. The document was being made available to the commission in confidence with a request that the document and the information contained.therein be withheld from public disclosure.
- 4. The information is not available in the open literature and to the best ofthe company's knowledge it is not known by Combustion Engineering,
- EXXON, General Electric, Westinghouse or other current or potential domestic or foreign competitors of B&W..
- 5.
The document contains specific information the public disclosure of which is likely to cause harm to the competitive position of Babcock & Wilcox, taking into account:
the value of the information to Babcock & Wilcox; the amount of effort or money expended by Babcock & Wilcox developing the information; and the ease or difficulty with which the information could be properly duplicated by others.
We have reviewed your letter and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Babcock & Wilcox's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commerci_-al information.
It is our belief, oursuant to 10 CFR 2.790 (b) (5) and Section 103(b)
-of the Atomic Energy Act of 1954, as amended, that, atvthis time, the right of the public to be fully apprised of the submitted information does not 'outweigh the need to protect Babcock & Wilcox's competitive position.
Accordingly, we have determined that the information should be withheld from public disclosure.
We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding BAW-1772P, "Gadolinia-Bearing Lead Test. Assemblies Design Report," June 1983, from public inspection as proprietary.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, insure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such-that the information could then be made available for public inspection, you should promptly notify the NRC..
You should also understand. that the NRC may have cause to review this determination in the OFFICEO
.URNAME*.........
.I DATEO RC O
M
- 1.... NR M 0 4
O F FI C I A L R C O P Y
.....U.S.G3..
7 OFICA REOR COP 6.s. GPO 1983-400-247
e a
future, such as if the scope of a Freedom of Information Act request includes your information.
In all revie situations if the NRC needs additional information from you or-maes a determination adverse to the above, you will be notified in advaneo fan pubic dIclosure Sincerely, John F. Stolz, Chief Operating Reactors Branch 44 Division of Licensing cc; see next page bcc: NSIC, NTIS, ACRS Distribution List Docket FIle PDR LPDR ORB#4 File Gus Lainas Roberta Ingram John Suermann OELD J. Voglewede C. Berlinger NSIC NTIS ACRS
- see previous concurence OFFICEO QLR#.4.:.DL.
R8 4.1DL.Pfr' -
SURNAMEO *JSuermann;Ef RIngram Berlinger US DATE NRC FORM 318(10/80) NRCM 0240 OFFICIAL RECORD COPY
- U.S.
GPO 1983-400-247
future, such as if the scopeof a Freedom of Information Act request includes your information.
n all new situaons, ift needs additional information from a drminain adverse to the above, you will be notified Ina e of any public disclosure.
Sincerely, John F. Stolz, Chief for Operating Reacaers Division of Licensing t
bcc:
-6abra* /Docket File PDR N, I C, LPDR nVfls ORB#4 File Gus Lainas Roberta Ingram John Suermann OELD J. Voglewede C. Berlinger OFFICE 4.:
..R #.4:.DL....... ELD................ECLP.B O-.0RB#4.:DL........................
SURNAMEO JSuermann; ef RIngram CBerlinger JStolz DATE ca/ssoS
.... 83.. P.
/83.......NOO C
RD P..........
198.40-24........
NRC FORM 318 010/80) NRCM0240, OFFICIAL RECORD COPY
- U.S.
GPO-1983-400-247
Duke Power Company cc Mr. William L. Porter Duke Power Company P. 0. Box 33189 422 South Church Street Office of Intergovernmental Relations Charlotte, North Carolina 28242 116 West Jones Street Raleigh, North Carolina 27603 Honorable James M. Phinney County Supervisor of Oconee County Walhalla, South Carolina 29621 Mr. James P. O'Reilly, Regional Administrator U. S. Nuclear Regulatory Commission, Region II 101 Marietta Street, NW, Suite 2900 Atlanta, Georgia.30303 Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control Reional Radiation RepresentativeBull Street ERegion RaIVto ereettv Columbia, South Carolina 29201 EPA Region IV 345 Courtland Street, N.E.
Atlanta, Georgia 30308 Mr. J. C. Bryant Senior Resident Inspector U.S. Nuclear Regulatory Commission Route 2, Box 610 Seneca, South Carolina 29678 Mr. Robert B. Borsum Babcock & Wilcox Nuclear Power Generation Division Suite 220, 7910 Woodmont Avenue Bethesda, Maryland 20814 Manager, LIS NUS Corporation 2536 Countryside Boulevard Clearwater, Florida 33515 J. Michael McGarry, III, Esq.
DeBevoise & Liberman 1200 17th Street,.N.W.
Washington, D. C. 20036